Section 1 Short title
This Act may be cited as the “Advancing Human Rights-Centered International Conservation Act of 2022”.
Advancing Human Rights-Centered International Conservation Act of 2022
AN ACT
To prohibit the Director of the United States Fish and Wildlife Service from funding entities that commit, fund, or support gross violations of internationally recognized human rights, and for other purposes.
Sec. 2 Definitions
In this Act:
Appropriate committees of congress— The term “appropriate committees of Congress” means—
the Committee on Natural Resources of the House of Representatives;
the Committee on Foreign Affairs of the House of Representatives;
the Committee of Appropriations of the House of Representatives;
the Committee on Environment and Public Works of the Senate;
the Committee on Foreign Relations of the Senate; and
the Committee on Appropriations of the Senate.
Covered recipient— The term “covered recipient” means any entity that receives financial assistance from the Director for the purpose of international activities or a subrecipient as defined in section 200.1 of title 2, Code of Federal Regulations, of such entity with respect to a grant issued by the Director.
Credible information— The term “credible information” means information that, considering the source of such information and the surrounding circumstances, supports a reasonable belief that an event has occurred or will occur.
Director— The term “Director” means the Director of the United States Fish and Wildlife Service.
Gross violation of internationally recognized human rights— The term “gross violation of internationally recognized human rights” has the meaning given that term in section 502B(d)(1) of the Foreign Assistance Act of 1961 (22 U.S.C. 2304(d)(1)).
Inspector general— The term “Inspector General” means the Inspector General for the Department of the Interior.
Secretary— The term “the Secretary” means the Secretary of State.
Service— The term “Service” means the United States Fish and Wildlife Service.
Unit of a foreign security force— The term “unit of a foreign security force” means a unit of—
a foreign military;
a foreign police force;
a foreign paramilitary group;
any person providing security services to a foreign government; and
such other organizations as the Secretary of State determines appropriate.
Sec. 3 International conservation grant restrictions
In general— The Director shall ensure that no international financial assistance provided by the Director shall be furnished to any covered recipient or subrecipient for funding or supporting any unit of a foreign security force if the Director or the Secretary of State has credible information that such unit has committed a gross violation of internationally recognized human rights.
Exception— The prohibition in subsection (a) shall not apply if the Director, in consultation with the Secretary, determines and reports to the appropriate Congressional committees that the applicable national government, and covered recipient or subrecipient as appropriate, is taking effective steps to bring the responsible members of the unit of a foreign security force to justice and to prevent gross violations of internationally recognized human rights by the unit in the future.
Risk analysis— In performing a risk assessment analysis for a grant to a covered recipient, the Director, in consultation with the Secretary, shall include the occurrence of human rights violations by individuals employed, funded, or supported by the covered recipient or subrecipient as a factor in such analysis.
Procedures To identify human rights violators— The Director, in consultation with the Secretary, shall establish, and periodically update, procedures to—
avoid duplication of effort with respect to vetting a unit of a foreign security force under this Act and vetting carried out under section 620M of the Foreign Assistance Act of 1961 (22 U.S.C. 2378d);
carry out the requirements of section 4;
ensure that for each country the Director and the Secretary have a current list of all units of foreign security forces receiving training, equipment, or other types of assistance through covered recipients or subrecipients;
ensure that when an individual is designated to receive United States training, equipment, or other types of assistance the individual’s unit is vetted as well as the individual;
seek to identify the unit involved with respect to any credible information of a gross violation of internationally recognized human rights in any nation in which a covered recipient or subrecipient provides funding, training, equipment, or other assistance to a unit of a foreign security force; and
make publicly available the identity of those units for which no assistance shall be furnished pursuant to subsection (a) unless such publication would create a risk to national security or the health and safety of a victim of a gross violation of internationally recognized human rights.
Sec. 4 International conservation grant requirements
Requirements To receive a grant—
In general— The Director shall incorporate into the terms of an agreement for financial assistance to a covered recipient and require a duly designated representative of the covered recipient to certify before receiving the award that—
the covered recipient will not commit, fund, or support gross violations of internationally recognized human rights in carrying out the activities under the award;
the covered recipient has provided a list to the Director of each subrecipient to which the covered recipient intends to provide funding using such financial assistance and has provided a certification from each subrecipient that such subrecipient will not commit, fund, or support gross violations of internationally recognized human rights in carrying out the activities under the award;
the covered recipient has provided the Director with the covered recipient’s and each subrecipient’s written policy on maintaining standards for conduct consistent with recognized international human rights standards, including the Universal Declaration of Human Rights, the United Nations Declaration on the Rights of Indigenous Peoples, and the United Nations Guiding Principles on Business and Human Rights;
the covered recipient has implemented and is enforcing a social safeguards plan described in subsection (b)(1);
the covered recipient has implemented procedures to detect, investigate, discipline or terminate a subrecipient, employee, or agent of the covered recipient that fails to comply with applicable policies to protect human rights in connection with the award; and
the covered recipient will comply with the requirements established in this section.
Subsequent subrecipient— If, after receiving an award of funds from the Director, a covered recipient selects a new subrecipient, the covered recipient shall provide the Director with—
an updated version of the list described in paragraph (1)(B);
a certification from such subrecipient that such subrecipient will not commit, fund, or support gross violations of internationally recognized human rights in carrying out the activities under the award;
the subrecipient’s written policy described in paragraph (1)(C); and
justification for any changes in selection of subrecipients.
Social safeguards plan—
In general— A social safeguards plan described in this paragraph is a plan consistent with the principles of the documents listed in subsection (a)(1)(C) to implement appropriate human rights standards and prevent gross violations of internationally recognized human rights in connections with activities funded under the award that includes, as determined appropriate by the Director, taking into consideration the location, size, complexity, and scope of the award—
a process for meaningful consultation and engagement with Indigenous Peoples and local communities to safeguard their rights, including obtaining their free, prior, and informed consent for any new land-use restriction and, if applicable, procedures for the fair resolution of existing land and resource claims, in the area in which the project will be conducted;
requirements for internal review of research involving human subjects;
measures to improve governance, increase the agency and protect the rights and needs of Indigenous Peoples and local communities, and address the potential adverse impacts of a project on the well-being and security of Indigenous Peoples and local communities;
a grievance redress mechanism to redress gross violations of internationally recognized human rights;
human rights training and effective monitoring by the recipient for law enforcement personnel and units of a foreign security force; and
publication of documents, such as park management plans and ranger codes of conduct, that are relevant to potential impacts of the project on Indigenous Peoples and local communities.
Guidance and technical assistance— To assist covered recipients develop, implement, and enforce a social safeguard plan that meets the requirements of paragraph (1), the Director may—
develop and publish guidance on developing, implementing, and enforcing a social safeguard plan; and
provide technical assistance to covered recipients and subrecipients.
Requirement To remedy violations— The Director may require a covered recipient to take such measures to address an alleged violation of the terms of an agreement required by subsection (a) as the Director determines appropriate.
Reporting requirement—
Initial notification— A covered recipient shall refer all credible information of a gross violation of internationally recognized human rights in connection with a Service award by such covered recipient or a subrecipient of such covered recipient to the Director and to the diplomatic or consular post of the United States for the country at issue as soon as reasonably practicable, but not later than 30 days after the date on which the covered recipient knew or should have known such information.
Report— Not later than 60 days after the first date on which a covered recipient provides notification under paragraph (1), the covered recipient shall submit to the Director a report describing specific steps taken to address an alleged violation and enforce the requirements of the covered recipient’s plan pursuant to subsection (a)(1)(D) and all relevant information relating to the allegation.
Extension— The Director may grant a covered recipient an extension of not more than 30 days on the time period to file a report under paragraph (2) if the Director determines that such extension will improve the Director’s ability to carry out the purposes of this section.
Responsibilities of covered recipient— The covered recipient shall fully cooperate with any Federal agencies responsible for audits, investigations, or corrective actions relating to gross violations of human rights under this Act.
Responsibilities of the awarding program— The head of the program that awarded the financial assistance shall, with respect to each allegation reported under paragraph (1), not later than 30 days after receipt of the report required by paragraph (2), complete an investigation, in consultation with the diplomatic or consular post of the United States for the country at issue, into such allegation and submit the results of such investigation, information received under paragraph (1), and each report received under paragraph (2) relating to such allegation to the Director and the diplomatic or consular post of the United States for the country at issue.
Notification— If the Director receives credible information of a gross violation of internationally recognized human rights by a covered recipient or a subrecipient of a covered recipient in connection with an award provided by the Service, then the Director shall, in consultation with the diplomatic or consular post of the United States for the applicable country—
immediately notify the relevant covered recipient and require that the covered recipient submit a report under subsection (d)(2) not later than 60 days after such notification;
immediately notify the government of the applicable country if the Director determines such notification is appropriate; and
to the maximum extent practicable, assist such government in taking effective measures to bring the responsible members of the unit of a foreign security force to justice.
Review of allegations—
Referral— Unless the covered recipient submits information showing, to the satisfaction of the Director, that the alleged violation has been resolved, abated, or did not occur, the Director shall, not later than 30 days after receiving information relating to an allegation under subsection (d)(5), refer such alleged violation to the Inspector General and the diplomatic or consular post of the United States for the country at issue, including the report provided by the covered recipient under subsection (d)(2), and notify the covered recipient of such referral.
Investigation—
Preliminary determination— The Inspector General shall, not later than 30 days after a referral of an alleged violation under paragraph (1), determine whether the referral requires an investigation and may make a recommendation to the Director as to whether the award should be suspended during the course of the investigation.
Suspension of award—
In general— Upon receiving a recommendation from the Inspector General under subparagraph (A), the Director may suspend the award until a final disposition of such award under subsection (g).
Appeal— A covered recipient may appeal a suspension under subsection (g) pursuant to subpart G of part 4, Code of Federal Regulations.
Determination that no investigation is required— If the Inspector General determines under subparagraph (A) that the referral does not require further investigation, the Inspector General shall document the rationale for such determination and shall notify the relevant Committees of Congress.
Determination that an investigation is required— If the Inspector General determines that an investigation is required under subparagraph (A), the Inspector General shall complete such investigation not later than 180 days after a referral under paragraph (1) and prepare a report on such investigation, which shall include—
the Inspector General’s conclusions regarding whether or not any allegations that the covered recipient or any subrecipient of the covered recipient has committed a gross violation of internationally recognized human rights in connection with the award are substantiated and regarding the effectiveness of the actions of the recipient and any subrecipient in preventing and responding to such violations;
recommendations based on the findings of such investigation; and
a recommendation on whether the award should be terminated.
Submission of report— The Inspector General shall provide the report required by subparagraph (C) to the Director and the diplomatic or consular post of the United States for the country at issue.
Additional procedures— The following requirements apply to any administrative action to enforce the requirements of this section with respect to a covered recipient:
Written response— A covered recipient subject to administrative action under this subsection may submit, not later than 30 days after the date of such administrative action, a written response to contest such action.
Meeting— The Director, or a representative, shall meet with a covered recipient that has filed a response under subparagraph (1) and requests such a meeting not later than 45 days after the date of such administrative action to allow such covered recipient an opportunity to present information, including witness testimony, for inclusion in the administrative record.
Timeline for determination— The Director shall, not later than 45 days after conclusion of any procedures required by paragraphs (1) and (2), make a determination in writing as to whether to continue, modify, or terminate an administrative action under this subsection.
Reconsideration— A covered recipient that was the subject of an administrative action under this subsection may request a reconsideration of such administration action based upon—
newly discovered evidence;
a change in ownership or management; or
such other factors as the Director determines appropriate.
Financial and programmatic audit of grants—
In general— The Director shall perform and require compliance with periodic financial and programmatic audits of covered recipients receiving financial assistance from the Director. The Director shall prioritize audits of programs—
with new land-use restrictions;
in fragile or conflict-affected states; or
in regions that otherwise have an elevated risk of gross violations of internationally recognized human rights.
Specific award condition audits— The Director shall carry out regular audits of any covered recipient that is subject to specific award conditions under subsection (i).
Remedies for noncompliance— Each agreement for financial assistance made by the Director with a covered recipient is subject to the provisions of subpart D of part 200 of chapter II of subtitle A of title 2 of the Code of Federal Regulations. The Director may consider, in determining an appropriate remedy of a violation of a grant requirement under such provision, whether the covered recipient was in compliance with subsection (a)(1)(D) at the time of such violation.
Annual report— The Director, in consultation with the Secretary of State, shall, not later than 1 year after the date of enactment of this Act and annually thereafter, submit to the appropriate committees of Congress a report summarizing, with respect to the previous calendar year—
each report received under subsection (d)(2);
each investigation concluded by the Inspector General under subsection (f)(2), including the purpose and duration of such investigation;
each administrative action taken with respect to a covered recipient to enforce this Act;
information about the action taken by each covered recipient to abate a gross violation of internationally recognized human rights;
information about remedial actions taken by the Director pursuant to subsection (i);
explanations for each extension of time given under subsection (d)(3); and
a summary of allegations and information that the Director did not refer to the Inspector General and the explanation for why such information was not referred.
Safeguard for sensitive information— In carrying out this section, the Director may take such measures and withhold such information as the Director determines necessary to protect the safety of individuals—
who are victims, or at risk of being victims, of a gross violation of internationally recognized human rights; and
who provide information regarding a potential gross violation of internationally recognized human rights.